Wollongong City Council v Frames & Trusses (NSW) Pty Limited [2014] NSWLEC 60

Land and Environment Court New South Wales

Medium Neutral Citation: Wollongong City Council v Frames & Trusses (NSW) Pty Limited [2014] NSWLEC 60 Hearing dates: 16 May 2014 Decision date: 16 May 2014 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [17]. Catchwords: PRACTICE AND PROCEDURE: application to vary final orders by consent - applicable legal principles - orders varied. Legislation Cited: Uniform Civil Procedure Rules 2005, rr 36.16(3), 36.15(2) Civil Procedure Act 2005, s 3 Cases Cited: Hardie v Milling [2013] NSWSC 310 Permanent Trustee Co (Canberra) Ltd (Executor estate of Andrews) v Stocks & Holdings (Canberra) Pty Ltd (1976) ACTR 45 Vero Insurance Ltd v Nicejade Pty Ltd [2010] NSWSC 1407 Category: Interlocutory applications Parties: Wollongong City Council (Applicant) Frames & Trusses (NSW) Pty Limited (Respondent) Representation: COUNSEL: Dr S Berveling (Applicant) Mr D Neggo (Respondent) SOLICITORS: Wollongong City Council (Applicant) N/A File Number(s): 40359/13

EX TEMPORE Judgment

The Parties Apply to Vary Final Orders by Consent 1On 22 October 2013, the Court made consent orders finally disposing of proceedings commenced in Class 4 of the Court's jurisdiction ("the final orders"). 2Orders 1 and 2 of the final orders provided that: 1.The Respondent, its servants and agents are restrained from using, causing, suffering or permitting to be used Lots 17 and 18 DP 262279 otherwise known as 70-72 Princes Highway Yallah ("the Subject Property") for the purpose of assembling and storing, frames and trusses. 2.Order 1 is suspended until 1 March 2014. 3On 3 April 2014, the respondent to the proceedings, Frames & Trusses (NSW) Pty Limited ("Frames & Trusses"), applied to the Court for, amongst other things, orders setting aside the final orders. The applicant, Wollongong City Council, supported the application. 4The relevant order sought in the application is as follows: With effect from 2 May 2014, orders 1, 2, 3, 4 and 6 made by this Court on 22 October 2013 are set aside pursuant to UCPR 36.15(2). 5The final orders have not been entered.